Copyright infringement claims can be intimidating for both individuals and businesses. Recently, we’ve seen an increase in demand letters and lawsuits from Poseidon Wave Media LLC and Yesh Music LLC targeting alleged unauthorized use of copyrighted content. This post provides critical guidance on how to respond if you receive a legal communication from these entities.
If you receive a demand letter from Poseidon Wave Media LLC or Yesh Music LLC or on behalf of them, or you have already been sued by them for copyright infringement, then feel free to contact us. We keep all communications confidential and make a sincere effort to respond as quickly as possible.
Understanding the Initial Demand
When you receive a demand letter from Poseidon Wave Media or Yesh Music, it’s crucial to remain calm and take a methodical approach. These letters typically allege unauthorized use of copyrighted musical works and often demand substantial financial compensation. The demands may relate to:
- Alleged unauthorized streaming of music;
- Claimed improper use of musical compositions on websites; and/or
- Accusations of copyright violation through digital platforms.
Immediate Steps to Take
- Do Not Ignore the Demand Ignoring a copyright infringement claim will not make it disappear. Failing to respond can result in escalated legal action, potentially leading to more significant financial penalties and legal complications.
- Preserve All Evidence Immediately gather and securely store all relevant documentation, including:
- The original demand letter;
- Any website logs or digital records;
- Hosting account information;
- Website content screenshots; and
- Any communication related to the alleged infringement.
- Do Not Admit Liability While it’s important to take the claim seriously, do not make any statements admitting fault or accepting responsibility. Anything you say can be used against you in potential legal proceedings.
Recommended Legal Strategy
For Individuals
If you’re an individual receiving such a demand, consider:
- Carefully reviewing the specific allegations;
- Determining whether the claimed copyrighted work was actually used;
- Assessing potential fair use defenses; and
- Consulting with an intellectual property attorney such as Darren Heitner of Heitner Legal who can provide personalized guidance.
For Businesses
Companies facing these demands should:
- Involve legal counsel immediately;
- Conduct an internal investigation of the alleged infringement;
- Review licensing agreements and digital content usage; and
- Prepare a comprehensive response strategy.
Potential Resolution Approaches
- Negotiation In some instances, these claims can be resolved through negotiation. This might involve:
- Removing the allegedly infringing content;
- Securing a retroactive license; and/or
- Agreeing to a settlement that avoids litigation.
- Challenge the Claim Not all copyright infringement claims are valid. Potential defenses include:
- Proving licensed use of the content;
- Demonstrating fair use; and/or
- Challenging the copyright holder’s ownership documentation.
Resources and External References
For more information on copyright law and defense strategies, consider consulting:
Conclusion
Copyright infringement demands from entities like Poseidon Wave Media and Yesh Music require careful, strategic responses. While these situations can be stressful, a measured, informed approach can help mitigate potential legal and financial risks.
Disclaimer: This blog post provides general legal information and should not be considered specific legal advice. Each situation is unique, and consulting with a qualified intellectual property attorney is recommended for personalized guidance.